Mortgage Security Agreement for the United States

Mortgage Security Agreement Template for United States

A Mortgage Security Agreement is a legal document used in the United States that creates a security interest in real property to secure the repayment of a loan. The agreement details the terms of the mortgage, including the loan amount, interest rate, repayment schedule, and the rights and obligations of both the lender and borrower. It complies with federal regulations such as TILA and RESPA, as well as applicable state property laws.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Mortgage Security Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Mortgage Security Agreement?

The Mortgage Security Agreement serves as a fundamental document in U.S. real estate financing, providing legal protection for lenders while ensuring borrowers understand their obligations. This agreement is essential when a property is being used as collateral for a loan, whether for residential or commercial purposes. The document must comply with both federal regulations (such as TILA and RESPA) and state-specific property laws. It typically includes detailed property descriptions, payment terms, default provisions, and remedies, making it a comprehensive security instrument for real estate transactions.

What sections should be included in a Mortgage Security Agreement?

1. Parties: Identification of lender, borrower, and any guarantors

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement including applicable legislation references

4. Grant of Security Interest: Legal language creating the security interest in the property

5. Property Description: Detailed legal description of the mortgaged property

6. Payment Terms: Amount, interest rate, payment schedule, and maturity date

7. Borrower's Covenants: Obligations regarding property maintenance, insurance, taxes

8. Default Provisions: Events of default and remedies

9. Representations and Warranties: Statements of fact and assurances by the borrower

10. Governing Law: Specification of applicable state and federal laws

What sections are optional to include in a Mortgage Security Agreement?

1. Environmental Provisions: Required for commercial properties or properties with potential environmental risks

2. Assignment of Rents: Rights to rental income from the property, used for income-producing properties

3. Cross-Collateralization: Linking multiple properties as security, used for multiple property mortgages

4. Prepayment Provisions: Terms and conditions for early repayment of the mortgage

What schedules should be included in a Mortgage Security Agreement?

1. Schedule A - Property Description: Detailed legal description of property including boundaries and easements

2. Schedule B - Payment Schedule: Amortization table showing payment breakdown

3. Schedule C - Insurance Requirements: Detailed insurance coverage requirements

4. Schedule D - Permitted Encumbrances: List of allowed liens or encumbrances on the property

5. Schedule E - Required Compliance Documents: List of regulatory compliance documents and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Clauses
Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law requiring lenders to provide standardized disclosures about credit terms and costs, protecting consumers in credit transactions including mortgages

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring disclosure of settlement costs and prohibiting kickbacks in real estate transactions

Home Mortgage Disclosure Act (HMDA): Federal law requiring financial institutions to maintain and annually disclose data about home loans to ensure fair lending practices

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions, including mortgage lending

Dodd-Frank Wall Street Reform: Comprehensive federal law implementing financial regulatory reform, including mortgage lending standards and consumer protections

UCC Article 9: Uniform Commercial Code provisions governing secured transactions, including security interests in personal property

State Property Laws: State-specific laws governing real property rights, transfers, and encumbrances

State Foreclosure Laws: State-specific regulations governing the foreclosure process and borrower rights

State Recording Statutes: State laws governing the recording of mortgages and other real estate documents

State Mortgage Regulations: State-specific rules governing mortgage creation, enforcement, and security interests

State Usury Laws: State laws setting maximum interest rates and governing lending practices

State Consumer Protection Laws: State-specific regulations protecting consumers in financial transactions including mortgages

CFPB Regulations: Federal regulatory framework established by the Consumer Financial Protection Bureau governing consumer financial products including mortgages

FHA Requirements: Federal Housing Administration guidelines for FHA-insured mortgages

GSE Requirements: Fannie Mae and Freddie Mac requirements for conforming mortgages and secondary market eligibility

Local Recording Requirements: County and municipal regulations governing document recording and filing

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Credit Agreement Margin Account

A U.S.-governed agreement establishing terms for margin lending between a broker-dealer and customer for securities trading.

find out more

Model Intercreditor Agreement

A U.S.-law governed agreement establishing rights and priorities between different classes of creditors in secured financing transactions.

find out more

Simple Loan Agreement With Collateral

A U.S. legal agreement establishing terms for a secured loan, including collateral provisions and repayment terms.

find out more

Sale Of LLC Interest Agreement

A U.S. legal agreement documenting the sale and transfer of ownership interests in a Limited Liability Company from one party to another.

find out more

Sale Of Shares Agreement LLC

A U.S. legal agreement documenting the sale and transfer of ownership interests in a Limited Liability Company.

find out more

Collateral Substitute Exchange Agreement

A U.S. legal agreement enabling the exchange of existing loan collateral with substitute collateral while maintaining security interests under UCC provisions.

find out more

Chattel Mortgage Security Agreement

A U.S. legal document creating a security interest in movable property (chattel) to secure a loan, governed by the UCC and state laws.

find out more

Pre Lease Deposit Agreement

A U.S. legal document securing a deposit payment prior to executing a formal lease agreement, subject to state-specific property laws.

find out more

Lending Agreement With Collateral

A U.S.-governed agreement establishing terms for a secured loan, including collateral provisions and security interests under UCC.

find out more

Security Agreement Contract

A U.S.-governed agreement creating a security interest in collateral to secure an obligation, subject to UCC Article 9.

find out more

Pledge Security Agreement

A U.S. law-governed agreement creating a security interest in assets to secure an obligation, subject to UCC Article 9.

find out more

Auto Security Agreement

A U.S. legal document creating a lender's security interest in a motor vehicle under UCC Article 9 and state laws.

find out more

Restaurant Investment Contract

A U.S.-governed agreement establishing terms for restaurant business investment, including ownership rights and profit-sharing arrangements.

find out more

Broker Dealer Referral Agreement

A U.S.-governed agreement establishing terms for referring clients to broker-dealers, compliant with SEC and FINRA regulations.

find out more

Key Holding Contract

A U.S.-compliant agreement governing the professional storage and management of property keys by a security service provider.

find out more

Security Interest Agreement

A U.S. legal document creating an enforceable security interest in collateral under UCC Article 9 to secure an obligation.

find out more

Safe Deposit Box Lease Agreement

A U.S.-governed agreement between a financial institution and customer for the rental and use of a secure storage box within the institution's premises.

find out more

Mortgage Security Agreement

A U.S. legal document creating a security interest in real property to secure a loan, subject to federal and state mortgage regulations.

find out more

Stock Collateral Loan Agreement

A U.S.-governed agreement establishing terms for a loan secured by stocks or securities, subject to federal and state securities regulations.

find out more

Pledged Collateral Account Control Agreement

A U.S. tri-party agreement establishing control over accounts pledged as collateral under UCC Article 9.

find out more

Tri Party Collateral Agreement

A U.S.-governed agreement between three parties establishing terms for custody and management of collateral assets, including rights and obligations of pledgor, secured party, and custodian.

find out more

Safe Deposit Box Rental Agreement

A U.S.-compliant contract establishing terms for renting a secure storage box from a financial institution.

find out more

Purchase Money Security Agreement

A U.S. legal document under UCC Article 9 that creates a security interest in specific purchased goods to secure their financing.

find out more

Master Loan And Security Agreement

A U.S.-governed agreement combining loan terms and security arrangements for secured lending transactions.

find out more

Loan Against Shares Agreement

A U.S.-governed agreement establishing terms for loans secured by shares as collateral, subject to federal and state securities regulations.

find out more

Cyber Security Agreement

A U.S.-governed agreement establishing terms for cybersecurity services, data protection, and incident response procedures.

find out more

Confidentiality Ip And Data Protection Agreement

A U.S.-governed agreement combining confidentiality, IP protection, and data privacy compliance obligations.

find out more

Preferred Stock Subscription Agreement

A U.S.-governed agreement documenting the purchase of preferred stock by investors, including terms, conditions, and rights of the investment.

find out more

Debenture Purchase Agreement

A U.S.-governed agreement for the issuance and purchase of corporate debentures, subject to federal and state securities laws.

find out more

Purchase Security Agreement

A U.S. legal document creating a security interest in property to secure payment or performance of an obligation, governed by UCC Article 9.

find out more

Note And Warrant Purchase Agreement

A U.S.-governed agreement establishing terms for investors to purchase convertible notes and warrants from a company.

find out more

Note And Security Agreement

A U.S. legal document combining a promissory note with a security agreement, establishing loan terms and collateral rights under UCC provisions.

find out more

Global Collateral Account Control Agreement

A U.S.-governed agreement establishing control over global collateral accounts and security interests under UCC regulations.

find out more

Factoring And Security Agreement

A U.S.-governed agreement establishing terms for the sale of accounts receivable to a factor and granting associated security interests.

find out more

Debenture Trustee Agreement

A U.S.-governed agreement appointing a trustee to act on behalf of debenture holders and setting out the terms of the relationship between issuer and trustee.

find out more

Data Protection Agreement

A legally binding agreement governing personal data processing and protection under U.S. federal and state privacy laws.

find out more

Consumer Security Agreement

A U.S. legal document that establishes a lender's security interest in a consumer borrower's property as collateral for a loan or credit.

find out more

Commercial Pledge Agreement

A U.S.-governed agreement establishing a security interest in assets as collateral for securing obligations.

find out more

Collateral Control Agreement

A U.S.-governed agreement establishing third-party control over collateral securing a loan or obligation, subject to UCC Article 9.

find out more

Preferred Equity Agreement

A U.S.-governed agreement establishing terms and conditions for preferred stock issuance, including investor rights and privileges.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now